ILNews

Court clarifies decision on jury instructions

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The Indiana Court of Appeals granted the state’s request for rehearing on a case in which the judges found the trial court erred in not giving a defendant’s tendered jury instruction, but that the error was harmless. The state contended that two cases dictated that there was no error by the court.

A panel of the Court of Appeals affirmed Joseph Matheny’s conviction of Class D felony auto theft, but in doing so, concluded the trial court erred in refusing his tendered jury instruction regarding the jury’s duty to conform the evidence to the presumption that a defendant is innocent. But when looking at the totality of the circumstances, the judges originally held the error was harmless.

On rehearing in Joseph Matheny v. State of Indiana, 49A04-1207-CR-347, the state argued that the COA’s previous ruling conflicts with Santiago v. State and Albores v. State, which were decided by the appellate court in March and April 2013, respectively. In those decisions, the judges found that the concept that the jury should attempt to fit the evidence to the presumption that the accused is innocent was adequately covered by the trial court’s instructions. Those decisions also distinguished Lee v. State, 964 N.E.2d 859 (Ind. Ct. App. 2012), in which jury instructions were not as detailed and the jury was not instructed that the presumption of innocence prevails throughout trial.

“As in Lee, the jury in this case was not instructed that the presumption of innocence prevails throughout the trial. Accordingly, we reach a different conclusion than Santiago and Albores because the instructions that the trial court gave the jury did not adequately convey the substance of Matheny’s tendered instruction,” Judge Terry Crone wrote Monday.

“In this case, such an instruction was requested, refused, and not adequately covered by the given instructions, and therefore the trial court abused its discretion.”

The appellate panel also denied the state’s claim that it used a “magic words” approach in its original decision and failed to consider the entirety of the jury instructions given at trial. Crone wrote that the state’s argument simply ignores the fact that the instructions in Matheny were different from those given in Santiago and Albores.

 

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  • Constitution
    Indiana Constitution: Article 1, Section 19. In all criminal cases whatever, the jury shall have the right to determine the law and the facts.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

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  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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